The Oyez Project Virtual Tour of the Supreme Court Building

Abstract

Argument: Tuesday, December 1, 1981
Decision: Tuesday, June 15, 1982
Issues: Civil Rights, Immigration and Naturalization, Access to Public Education
Categories: aliens, education

Advocates

Richard L. Arnett (Argued the cause for appellants in the related case)
John C. Hardy (Argued the cause for the appellants in Plyler v. Doe)
Peter D. Roos (Argued the cause for the appellees in Plyler v. Doe)
Peter A. Schey (Argued the cause for appellees in the related case)

Facts of the Case

A revision to the Texas education laws in 1975 allowed the state to withhold from local school districts state funds for educating children of illegal aliens. This case was decided together with Texas v. Certain Named and Unnamed Alien Child.

Question

Did the law violate the Equal Protection Clause of the Fourteenth Amendment?

Conclusion

Yes. The Court reasoned that illegal aliens and their children, though not citizens of the United States or Texas, are people "in any ordinary sense of the term" and, therefore, are afforded Fourteenth Amendment protections. Since the state law severely disadvantaged the children of illegal aliens, by denying them the right to an education, and because Texas could not prove that the regulation was needed to serve a "compelling state interest," the Court struck down the law.

Supreme Court Justice Opinions and Votes (by Seniority)

Sort by Ideology
(More information here)
Decision: 5 votes for Doe, 4 vote(s) against
Legal Provision: Equal Protection
Wrote a dissent
Burger
Wrote the majority opinion
Brennan
Voted with the minority, joined Burger's dissent
White
Wrote a regular concurrence
Marshall
Wrote a regular concurrence
Blackmun
Wrote a regular concurrence
Powell
Voted with the minority, joined Burger's dissent
Rehnquist
Voted with the majority
Stevens
Voted with the minority, joined Burger's dissent
O'Connor
Full Opinion by Justice William J. Brennan, Jr.

Cite this page

The Oyez Project, Plyler v. Doe, 457 U.S. 202 (1982),
available at: <http://www.oyez.org/cases/1980-1989/1981/1981_80_1538/>
(last visited ).